1 Sentencing Decisions Chapter Sixteen

2 Lady Justice Right hand: scales of justice symbolizing fairness in the administration of justice. Eyes: blindfold, suggesting impartial justice. Left hand: sword standing for the power and might of law.

3 Courtroom Workgroup in Sentencing Probation officer: conducts the Pre- sentence investigation (PSI). Prosecutor: makes a sentencing recommendation to the judge. Defense attorney: argues for the court to show leniency to the defendant. Judge: imposes the sentence.

4 Pre-Sentence Investigation Reports Prepared by the probation officer. Assist the judge select an appropriate sentence by providing information about the crime and the criminal. Provide background information and a recommendation of an appropriate sentence. 95% agreement between the judge and the probation officer when the recommendation was for probation and 88% agreement when the report opposed probation, according to one study.

5 Classification of Defendants Low-risk –Usually in trouble for first time. –Between the ages of 18 and 25. –Attending university of have a steady job. High-risk –At least two prior arrests and convictions –Little formal education. –Unwilling or unable to maintain a steady job. –Do not take court involvement seriously Problematic

6 Sentencing Decisions Factors considered: Seriousness of the offense Prior Record Aggravating or mitigating circumstances –Aggravating factors: use of a weapon and personal injury to the victim –Mitigating factors: youth of the defendant, lack of mental capacity, and role in the crime.

7 Discrimination and Sentencing Discrimination refers to illegitimate influences on the sentencing process. The defendant’s attributes are the primary focus: Economic Status Gender –Women are sentenced more lenient than men. Race Capital Punishment

8 Discrimination and Capital Punishment Offender-victim dyad McClesky v. Kemp –Statistical studies that indicated that Georgia’s death penalty law was ‘wanton and freakish’ was rejected by the court. –Disparities are an inevitable part of our criminal justice system. –Statistics do not prove that race enters into any capital sentencing decisions.

9 Disparity in Sentencing Insert Figure 16.1, page 378 here.

10 Sentencing Issues Mistretta v. U.S.: Federal sentencing and Sentencing Commission do not violate constitutional separation of powers. Megan’s Law: convicted sex offenders must register with local police departments. Polly’s Law: California three-strikes law. “Three Strikes and You’re Out.”

11 More Sentencing Issues Truth in Sentencing Laws: require offenders to serve a substantial portion of their prison sentence. San Diego County v. Romero: California Supreme Court holds that judges have discretion in counting prior convictions. Ewing v. California: Three-strikes law does not violate the Eighth Amendment prohibition against cruel and unusual punishment.

12 Increasing Severity of Penalties Majority of Americans believe prison sentences are too lenient. Mandatory Minimum Sentencing: requires that offenders convicted of certain offenses must be sentenced to a prison term of not less than a specified period of time, and non-prison sentences are precluded.

13 Negative Side Effects More people want a trial by jury, which puts more demand on the system. Increased pressure to plea bargain. Some feel result is a more rigid, inflexible system.